CRA Legislative Update Mar 7 2017

March 7, 2017

The Legislative Update is a quick explanation of bills we are actively following in the Colorado State Legislature. CRA updates this list as new bills are introduced or as the status of the listed bills changes.

In addition, we send out email notices and special “ALERTS” to members when we need help on issues or need you to contact certain legislators. It is extremely important that your member record at CRA contains your best contact email address. You can be sure we have it by sending your contact information to CRA at info@corestaurant.org. We promise not to share your email address with anyone. We will use it only for important CRA issues.

ACTIVE BILLS

Employees Purchasing AlcoholCRA SupportsSenate Bill 58 by Sen Baumgardner (R-Steamboat Springs) would allow an employee or an agent of a licensee (in addition to the Registered Manager associated with the liquor license) to purchase alcohol for the licensee. This is important to restaurants because it formally legalizes practices that are currently industry standard but haven’t consistently been allowed by liquor enforcement. This bill passed out of the House and Senate. The bill will now go to the Governor for his signature or Veto.Music LicensingCRA SupportsHouse Bill 1092 by Rep Lebsock (R-Thornton) would apply new requirements for the operation of music licensing companies in the State of Colorado. Those requirements include:

Music licensing companies would need to register with the Secretary of State in Colorado.

Music licensing companies would need to publish their contract rates on the Secretary of State’s website. A music licensing company would not be able to execute a contract with a restaurant or bar in Colorado without the rates being published first.

Music licensing companies would need to publish an accurate list of the music licensed by their companies on the Secretary of State’s website.

This bill passed out of the House and will now go to the Senate.

Marijuana Open and Public ConsumptionCRA is NeutralSenate Bill 184 by Sen Gardner (R-Colorado Springs) would create a statewide definition of “open and public” or “openly and publicly” when it comes to the consumption of marijuana. Under this definition any business with unrestricted access to the public would be considered “open and public” and therefore marijuana couldn’t be consumed there. Additionally, it creates an opt-in program for cities to allow marijuana consumption clubs. These clubs couldn’t sell or serve alcohol or have food that is prepared on-site, aside from light snacks. This bill passed out of the Senate Business, Labor, and Technology Committee and will now be heard by the entire Senate.

Extend Hours of Alcohol SalesCRA is NeutralHouse Bill 1123 by Rep Lebsock (R-Thornton) would give local governments the ability to pass a city ordinance that would extend hours of alcohol sales past 2am. The bill does not allow a local government to restrict the current hours of alcohol sales. The CRA is in the process of determining our official position on this legislation, as there has been concern expressed by many CRA members on both sides. One concern expressed by CRA members is that this bill would create a patchwork of hours across the state. This bill passed out of the House of Representatives and will now go to the Senate.

DEAD BILLS

Eliminate Sales Tax on Nonessential Food ItemsCRA SupportedHouse Bill 1009 by Rep Van Winkle (R-Highlands Ranch) would have reinstated Colorado sales and use taxes exemptions for nonessential articles sold to restaurants and bars intended for human consumption or to be given to customers. This would include paper goods, single use condiments, to go containers, and more. This is important to restaurants because it would have reduced your sales and use taxes. This bill was postponed indefinitely in the House State, Veterans, & Military Affairs Committee.

Business Personal Property TaxCRA SupportedHouse Bill 1063 by Rep Leonard (R-Evergreen) would have changed the current exemption of business personal property tax from $7,300 per schedule to $50,000 or less per schedule and adjusted for inflation in the future. Additionally, businesses with more than $50,000 of business personal property would only pay tax on amounts over $50,000. This will reduce your personal property tax liability. This bill was postponed indefinitely in the House State, Veterans, & Military Affairs Committee.

Hotels Selling Wine for TakeawayCRA OpposedHouse Bill 1084 by Rep Melton (D-Aurora) would have allowed a restaurant in a hotel with a Hotel and Restaurant liquor license to sell up to 4 bottles of wine, sealed, for off-premise consumption. A business could only apply for 4 of these new permits in the State of Colorado. A restaurant with a Hotel and Restaurant liquor license outside of a hotel would not be allowed to apply for this permit, which is why the CRA is opposed. This bill was postponed indefinitely in the House Business Affairs and Labor Committee.

Regulatory Relief ActCRA SupportedSenate Bill 1 by Sen Neville (R-Golden) would have changed the law so that upon the first occurrence of a “minor violation” (record keeping, retention of data, or filing of reports) by any small business the business would get a warning. Once the warning is received by the business they would have 30 days to cure the violation or longer if the business can show good cause. A “minor violation” does not include any matter that places the safety of the public, employees or others at risk (i.e. Health Code violations) or any requirements of a state issued license (i.e. Liquor License violations) or federal requirements (i.e. I-9 document). This bill was postponed indefinitely in the House Business Affairs and Labor Committee.

SB 197 Clean UpCRA SupportedSenate Bill 143 by Sen Williams (D-Denver) would have cleaned up changes that were made during the 2016 legislative session in Senate Bill 197 concerning retail liquor stores and liquor licensed drug stores. Even though Senate Bill 197 wasn’t supposed to change on premises liquor establishments, a mistake in drafting removed language allowing employees of a Tavern that serves meals, to be between the ages of 18-20, if they are supervised by someone over 21. Senate bill 143 restores that provision while making other technical changes. This bill failed to get enough votes of support on third reading in the Senate. The CRA is pursuing legislation that would fix the age of tavern employees issue that will be introduced later this session.

Marijuana Consumption ClubsCRA was NeutralSenate Bill 63 by Sen Marble (R-Mead) would create rules for marijuana consumption clubs in the State of Colorado. These clubs would have the ability to sell marijuana to patrons for consumption on the premises. A business could only apply for this license if the local voters approved the licensing of these clubs on the ballot for their jurisdiction. The bill would not allow these clubs to sell alcohol or food prepared on the premises. This bill will be heard in the Senate Business, Labor, and Technology Committee.

PLEASE NOTE: You can access the full list of bills we track at The CRA Bill Tracker.

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